81 FR 68096 - Qualification of Drivers; Exemption Applications; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 191 (October 3, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 191 (October 3, 2016)
| Page Range | 68096-68098 | |
| FR Document | 2016-23790 |
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)] [Notices] [Pages 68096-68098] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23790] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0003] Qualification of Drivers; Exemption Applications; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 26 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate commercial motor vehicles (CMV) in interstate commerce. Granting these exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before November 2, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2016-0003 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of [[Page 68097]] the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a two-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The 26 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11), which applies to drivers who operate CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person: First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5-1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Application for Exemptions; National Association of the Deaf, (78 FR 7479), its decision to grant requests from 40 individuals for exemptions from the Agency's physical qualification standard concerning hearing for interstate CMV drivers. Subsequent to the publication February 1, 2013 of the notice, the Agency has published additional notices granting requests from hard of hearing and deaf individuals for exemptions from the Agency's physical qualification standard concerning hearing for interstate CMV drivers. II. Qualifications of Applicants Kay Baden Ms. Baden, age 59, holds a class A CDL in Oregon. Wyatt M. Baldwin Mr. Baldwin, age 31, holds an operator's license in Nevada. Moises Becerra Mr. Becerra, age 26, holds an operator's license in Texas. Matthew R. Burgoyne Mr. Burgoyne, age 29, holds a class A CDL in Minnesota. Pedro H. Calas Mr. Calas, age 30, holds a class A CDL in Florida. David T. Carlson Mr. Carlson, age 76, holds a class A CDL in Wisconsin. Marco A. Cisneros Mr. Cisneros, age 26, holds an operator's license in California. Mark B. Cole Mr. Cole, age 40, holds an operator's license in California. Filipe S. Fernandez Mr. Fernandez, age 49 holds an operator's license in Florida. Joshua Gelona Mr. Gelona, age 25, holds an operator's license in Oklahoma. William D. Gum Mr. Gum, age 76, holds an operator's license in Texas. Reginald C. Holmes Mr. Holmes, age 31, holds an operator's license in Arizona. Gary D. McBride Mr. McBride, age 50, holds an operator's license in Florida. Brent D. McCaffery Mr. McCaffery, age 29, holds an operator's license in Iowa. Benjoel C. Morton Mr. Morton, age 35, holds an operator's license in Georgia. Anthony S. Papa Mr. Papa, age 51, holds an operator's license in Ohio. Eduardo Pedregal Mr. Pedregal, age 27, holds an operator's license in Texas. Charles L. Pitt Mr. Pitt, age 52, holds an operator's license in Alabama. David Y. Pro Mr. Pro, age 55, holds an operator's license in California. Leonardo Pupo-Tuperet Mr. Pupo-Tuperet, age 26, holds an operator's license in Washington. Edgar J. Ramos Mr. Ramos, age 52, holds an operator's license in Illinois. Ronald D. Rumsey Mr. Rumsey, age 53, holds an operator's license in Iowa. Johnny Seng Mr. Seng, age 22, holds an operator's license in Rhode Island. Michael J. Sladick Mr. Sladick, age 48, holds an operator's license in Ohio. Brian J. Walthall Mr. Walthall, age 49, holds an operator's license in Kansas. Jack Whitewater Mr. Whitewater, age 38, holds an operator's license in Florida. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public [[Page 68098]] comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2016-0003 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2016-0003 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: September 21, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23790 Filed 9-30-16; 8:45 am] BILLING CODE 4910-EX-P
![68096 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
The proposed tiering approach will the issuance of the original NOI. The Issued on: September 27, 2016.
allow FHWA and ADOT to evaluate a FHWA intends to issue a single Final Karla S. Petty,
range of potential corridors within the Tier 1 EIS and Record of Decision Arizona Division Administrator, Federal
North-South Corridor Study (NSCS) area document pursuant to Fixing America’s Highway Administration.
boundaries and to broadly evaluate Surface Transportation Act Section 1311 [FR Doc. 2016–23784 Filed 9–30–16; 8:45 am]
social, economic, and environmental requirements, unless FHWA determines BILLING CODE 4910–22–P
impacts and mitigation approaches in statutory criteria or practicability
the Tier 1 EIS. In addition, the NSCS considerations preclude issuance of a
area will be expanded to include an combined document. DEPARTMENT OF TRANSPORTATION
adjacent State Route 24 (SR 24) corridor Stakeholder and Public Involvement:
study resulting in an updated study area Stakeholder and public outreach will Federal Motor Carrier Safety
encompassing the original study area continue throughout this Tier 1 EIS Administration
between Interstate 10 (I–10) and U.S. process to provide opportunities for
[Docket No. FMCSA–2016–0003]
Highway 60 (U.S. 60) and adding the agency and public input on the study.
extension of SR 24 from Ironwood Drive A public hearing will be held upon Qualification of Drivers; Exemption
to the North-South Corridor in Pinal release of the Tier 1 Draft EIS for public Applications; Hearing
County, Arizona. and agency review.
The Tier 1 analysis will utilize Alternatives: Corridor alternatives AGENCY: Federal Motor Carrier Safety
technical data obtained thus far in the with widths appropriate for the Administration (FMCSA), DOT.
environmental review process and evaluation of the full range of potential ACTION: Notice of applications for
collect other information as required. If impacts will be developed within the exemption; request for comments.
the Record of Decision identifies an updated study area. The Tier 1 EIS will
evaluate a reasonable range of ‘‘Action’’ SUMMARY: FMCSA announces receipt of
Action (Build) corridor alternative,
corridor alternatives and the ‘‘No applications from 26 individuals for an
subsequent projects will complete a Tier
Action’’ alternative. exemption from the hearing requirement
2 National Environmental Policy Act
Environmental Review Process: The in the Federal Motor Carrier Safety
(NEPA) review where the agencies will
Tier 1 EIS will be developed in Regulations (FMCSRs) to operate
evaluate project-level, site-specific
accordance with Council on commercial motor vehicles (CMV) in
impacts, and required mitigation and
Environmental Quality (CEQ) interstate commerce. Granting these
commitments.
regulations (40 Code of Federal exemptions would enable these hard of
FOR FURTHER INFORMATION CONTACT: Regulations [CFR] part 1500 et seq.) hearing and deaf individuals to operate
Aryan Lirange, Senior Urban Engineer, implementing NEPA (42 U.S.C. 4321 et CMVs in interstate commerce.
Federal Highway Administration, 4000 seq.), and FHWA regulations. The DATES: Comments must be received on
N. Central Avenue, Suite 1500, Phoenix, FHWA and ADOT will use a tiered or before November 2, 2016.
AZ 85012, Telephone: (602) 382–8973, process, as provided for in 40 CFR ADDRESSES: You may submit comments
Email: aryan.lirange@dot.gov. 1508.28 and in accordance with FHWA bearing the Federal Docket Management
SUPPLEMENTARY INFORMATION: On guidance, in the completion of the System (FDMS) Docket No. FMCSA–
September 20, 2010, at 75 FR 57327, environmental study. 2016–0003 using any of the following
FHWA, in cooperation with ADOT, If the Record of Decision indicates methods:
issued an NOI to prepare an EIS on a that FHWA has selected one of the • Federal eRulemaking Portal: Go to
proposed 40-mile-long project along a corridor alternatives as the http://www.regulations.gov. Follow the
new route located between U.S. 60 on environmentally preferred alternative, online instructions for submitting
the north and I–10 on the south, in Pinal the evaluation of a specific highway comments.
County, Arizona. The project is alignment within the selected corridor • Mail: Docket Management Facility;
considered necessary to achieve a would occur in a subsequent phase of U.S. Department of Transportation, 1200
transportation objective identified in the study. Subsequent Tier 2 New Jersey Avenue SE., West Building
Pinal County’s 2008 Regionally assessment(s) would address a proposed Ground Floor, Room W12–140,
Significant Routes for Safety and highway alignment to be developed Washington, DC 20590–0001.
Mobility. The Study would address within the corridor alternative selected • Hand Delivery: West Building
current and future transportation needs in the Tier 1 EIS, and would incorporate Ground Floor, Room W12–140, 1200
in an area that currently exceeds by reference the Tier 1 data, evaluations, New Jersey Avenue SE., Washington,
existing road capacity and is expected to and findings. The Tier 2 NEPA DC, between 9 a.m. and 5 p.m., Monday
continue to worsen with the projected evaluation(s) would concentrate on site- through Friday, except Federal
increase in traffic demand associated specific issues and alternatives relevant Holidays.
with regional growth. The project scope to implementing a new highway • Fax: 1–202–493–2251.
also incorporates the extension of SR 24 alignment within the selected Tier 1 Instructions: Each submission must
from Ironwood Drive to the NSCS alternative corridor, and would identify include the Agency name and the
boundary. Information and documents the environmental consequences and docket number(s) for this notice. Note
regarding the environmental review measures necessary to mitigate that all comments received will be
process will be made available for the environmental impacts at a site-specific posted without change to http://
duration of the Tier 1 EIS process on the level of detail. www.regulations.gov, including any
sradovich on DSK3GMQ082PROD with NOTICES
following Web site: https:// (Catalog of Federal Domestic Assistance personal information provided. Please
www.azdot.gov/projects/south-central/ Program Number 20.205, Highway Research, see the Privacy Act heading below for
north-south-corridor-study. Planning and Construction. The regulations further information.
The Tier 1 EIS will use all existing implementing Executive Order 12372 Docket: For access to the docket to
data including the NSCS Alternatives regarding intergovernmental consultation on read background documents or
Selection Report completed in October Federal programs and activities apply to this comments, go to http://
2014 and engineering, environmental, program.) www.regulations.gov at any time or
and socioeconomic data collected since Authority: 23 U.S.C. 315; U.S.C. 771.123. Room W12–140 on the ground level of
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![68098 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
comment from all interested persons on DEPARTMENT OF TRANSPORTATION provides, to www.regulations.gov, as
the exemption petitions described in described in the system of records
this notice. We will consider all Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can
comments received before the close of Administration be reviewed at www.dot.gov/privacy.
business on the closing date indicated [Docket No. FMCSA–2016–0031] II. Background
in the dates section of the notice.
Qualification of Drivers; Exemption On August 8, 2016, FMCSA published
IV. Submitting Comments Applications; Vision a notice of receipt of exemption
applications from certain individuals,
You may submit your comments and AGENCY: Federal Motor Carrier Safety and requested comments from the
material online or by fax, mail, or hand Administration (FMCSA), DOT. public (81 FR 52514). That notice listed
delivery, but please use only one of ACTION: Notice of final disposition. 11 applicants’ case histories. The 11
these means. FMCSA recommends that individuals applied for exemptions from
you include your name and a mailing SUMMARY: FMCSA announces its the vision requirement in 49 CFR
address, an email address, or a phone decision to exempt 11 individuals from 391.41(b)(10), for drivers who operate
number in the body of your document the vision requirement in the Federal CMVs in interstate commerce.
so that FMCSA can contact you if there Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315,
are questions regarding your (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a
submission. vision requirement in one eye for 2-year period if it finds ‘‘such
various reasons. The exemptions will exemption would likely achieve a level
To submit your comment online, go to
enable these individuals to operate of safety that is equivalent to or greater
http://www.regulations.gov and in the than the level that would be achieved
commercial motor vehicles (CMVs) in
search box insert the docket number interstate commerce without meeting absent such exemption.’’ The statute
FMCSA–2016–0003 and click the search the prescribed vision requirement in also allows the Agency to renew
button. When the new screen appears, one eye. The Agency has concluded that exemptions at the end of the 2-year
click on the blue ‘‘Comment Now!’’ granting these exemptions will provide period. Accordingly, FMCSA has
button on the right hand side of the a level of safety that is equivalent to or evaluated the 11 applications on their
page. On the new page, enter greater than the level of safety merits and made a determination to
information required including the maintained without the exemptions for grant exemptions to each of them.
specific section of this document to these CMV drivers. III. Vision and Driving Experience of
which each comment applies, and DATES: The exemptions were granted the Applicants
provide a reason for each suggestion or September 8, 2016. The exemptions
recommendation. If you submit your The vision requirement in the
expire on September 8, 2018.
comments by mail or hand delivery, FMCSRs provides:
FOR FURTHER INFORMATION CONTACT: Ms. A person is physically qualified to
submit them in an unbound format, no Christine A. Hydock, Chief, Medical
larger than 81⁄2 by 11 inches, suitable for drive a commercial motor vehicle if that
Programs Division, (202) 366–4001, person has distant visual acuity of at
copying and electronic filing. If you fmcsamedical@dot.gov, FMCSA, least 20/40 (Snellen) in each eye
submit comments by mail and would Department of Transportation, 1200 without corrective lenses or visual
like to know that they reached the New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40
facility, please enclose a stamped, self- 113, Washington, DC 20590–0001. (Snellen) or better with corrective
addressed postcard or envelope. Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least
We will consider all comments and Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or
material received during the comment holidays. If you have questions without corrective lenses, field of vision
period. FMCSA may issue a final regarding viewing or submitting of at least 70° in the horizontal meridian
determination any time after the close of material to the docket, contact Docket in each eye, and the ability to recognize
the comment period. Services, telephone (202) 366–9826. the colors of traffic signals and devices
SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR
V. Viewing Comments and Documents 391.41(b)(10)).
I. Electronic Access
FMCSA recognizes that some drivers
To view comments, as well as any You may see all the comments online do not meet the vision requirement but
documents mentioned in this preamble, through the Federal Document have adapted their driving to
go to http://www.regulations.gov and in Management System (FDMS) at http:// accommodate their limitation and
the search box insert the docket number www.regulations.gov. demonstrated their ability to drive
FMCSA–2016–0003 and click ‘‘Search.’’ Docket: For access to the docket to safely. The 11 exemption applicants
Next, click ‘‘Open Docket Folder’’ and read background documents or listed in this notice are in this category.
you will find all documents and comments, go to http:// They are unable to meet the vision
comments related to this notice. www.regulations.gov and/or Room requirement in one eye for various
Issued on: September 21, 2016. W12–140 on the ground level of the reasons, including amblyopia, Coat’s
Larry W. Minor,
West Building, 1200 New Jersey Avenue retinopathy, corneal scar, exotropia, and
SE., Washington, DC, between 9 a.m. refractive amblyopia. In most cases,
Associate Administrator for Policy.
and 5 p.m., Monday through Friday,
sradovich on DSK3GMQ082PROD with NOTICES
their eye conditions were not recently
[FR Doc. 2016–23790 Filed 9–30–16; 8:45 am] except Federal holidays. developed. All of the applicants were
BILLING CODE 4910–EX–P Privacy Act: In accordance with 5 either born with their vision
U.S.C. 553(c), DOT solicits comments impairments or have had them since
from the public to better inform its childhood.
rulemaking process. DOT posts these Although each applicant has one eye
comments, without edit, including any which does not meet the vision
personal information the commenter requirement in 49 CFR 391.41(b)(10),
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Document Created: 2018-02-13 14:11:12
Document Modified: 2018-02-13 14:11:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemption; request for comments. | |
| Dates | Comments must be received on or before November 2, 2016. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 68096 |
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